Common Law Marriage in the USA: Is It Recognized Everywhere?
An insightful look at common law marriage laws, addressing key questions about state recognition and interstate validity for cohabiting couples.
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Is a Common Law Marriage Recognized Across All States?
No, a common law marriage is not recognized across all states in the United States. While it was once a more widespread practice, the majority of states have either abolished common law marriage or have never recognized it. This means that a couple living together and presenting themselves as married in a state that doesn't recognize common law marriage will not be considered legally married in the eyes of the law, regardless of how long they have cohabited or what their intentions are.
States That Still Recognize Common Law Marriage
As of early 2025, a limited number of states and the District of Columbia continue to recognize common law marriage. These jurisdictions include:
Oklahoma (though there are conflicting views and specific requirements)
Utah (with limited recognition, typically requiring a court or administrative order)
New Hampshire (recognized for inheritance purposes only)
It's crucial to understand that even within these states, the specific requirements to establish a common law marriage vary significantly. Generally, these requirements often involve a mutual agreement to be married, cohabitation as spouses, and a public representation of themselves as married (e.g., using the same last name, filing joint tax returns, referring to each other as husband/wife).
States with "Grandfathered" Common Law Marriages
Many states that no longer allow new common law marriages still recognize those that were validly established before a specific cutoff date. This is often referred to as "grandfathering." For example, states like Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania recognize common law marriages that began before certain dates, but not those entered into afterward. This means that if a couple formed a common law marriage in one of these states before the specified date, their marriage is still considered legally valid.
Interstate Recognition of Common Law Marriages
A key aspect of common law marriage is the principle of full faith and credit under the U.S. Constitution. This generally means that if a common law marriage is validly established in a state that recognizes it, other states, even those that do not permit common law marriages themselves, will typically recognize that marriage as legal. For instance, if a couple establishes a common law marriage in Colorado and then moves to New York (which does not recognize common law marriage), New York would generally be required to acknowledge their marital status.
However, proving the existence of a common law marriage can be complex, often requiring a judicial determination. This can become especially challenging if the couple relocates to a state that doesn't recognize common law marriage and a dispute arises regarding their marital status.
Conclusion
In summary, common law marriage is far from universally recognized in the United States. While a handful of jurisdictions still permit its formation, and many more "grandfather" those established in the past, it's a legal concept with diminishing application. For individuals considering entering into a common law marriage or those who believe they may already be in one, understanding the specific laws of their state and seeking legal counsel is essential to avoid potential complications regarding rights, responsibilities, and property division.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
